2017 (3) TMI 1968

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....os. 56577/13, 56759/13, 56760/13, 57409/13, 57410/13, 51037/14, 51038/14, 51039/14, 51633/14, 60242/13, 60241/13, 60240/13, 51287/14, 54268/14, 54718/14 Bhagwati Power & Steel Limited, Rajhkumar Kejriwal, Agrawal Round Rolling Mills, Mahendra Strips Pvt. Ltd., Balajee Structurals (India) Limited, Bajrang Metallics & Power Limited, Real Ispat and Power Limited, Gaurav Krishna Ispat Pvt. Ltd., Krishna Iron Strips & Tubes Pvt. Ltd.,, Hanuman Ispat Pvt. Ltd., Goldstar Steel Pvt. Ltd., Ashok Ispat Udyog, Om Kiran Ispat Udyog, S.R. Ingots Pvt. Ltd., Maruti Ferrous Pvt. Ltd., Shri Shyam Ingot & Castings Pvt. Ltd., Subhash Ispat Pvt. Ltd., Dadu Steel & Power Ltd., Saurabh Rolling Mills Pvt. Ltd., Steel Abrasive Ind. Ltd., Prayash Steel, Raghuvee....

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....eels (S. K. Bhansali) respectively in the month of December, 2006. In the diary systematic entries were maintained pertaining to the commission received from the sale of sponge iron and ingots. On the basis of the entries, the visits were made in the factories of M/s Bhagwati Power; and Steel Limited, M/s Sunil Sponge Pvt. Limited; and M/s Monu Steels. The documents were examined and evidences were collected from the transporter too. Finally, the department opined that there was clandestine removal of the ingots and sponge iron, so the demand was raised against the said companies. Penalties were imposed on the buyers as well as on the transporters. The lower authorities has dropped the demand in some cases. Being aggrieved, the department h....

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.... by observing that the impugned order suffers from various inconsistencies with reference to appraisal of facts and also due to violation of principles of natural justice. 6. In the instant case, the ld. Counsel for the assessee have also argued that no physical verification, no cross-examination, no verification from the buyers, no investigation regarding raw material and electricity consumed were made by the department. Ld. Counsels also relied upon the ratio laid-down in the case of Continental Cement Company vs. Union of India - 2014 (309) ELT 411 (All.) where certain guidelines were provided in the cases of clandestine removal. In other words, the corroborative evidence is required as per the ratio laid-down by the Allahabad High Co....